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Jul 17, 2025
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2011-2012 School of Law Bulletin [Archived Catalog]
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LAWS 857 - The American War on Terror: The U.S., Counter-Terrorism and International LawCredits: 2
The focus of this course will be on the United States policies and practices in response to the events that occurred on its territory on September 11, 2001. The course will be unique in that it will examine the approaches of both the Bush and Obama Administrations, as foretold through the principles of international law: to this end, we shall consider the legal arguments put forward by both of these governments for the recourse to force (jus ad bellum) and for the conduct of hostilities (jus in bello), and of the changing significance of the “war on terror” in the rhetoric from September 11, 2001, until the present day. Not only shall we explore the legal questions surrounding the military engagements of the United States in Afghanistan (2001) and Iraq (2003), but, also, with respect to its presences in Yemen, Somalia and Pakistan. Candidates shall be encouraged to adopt a critical understanding of the rules of warfare as applied to evolving forms of combat (e.g. drone activity, suicide bombings, targeted killings) as well as explore the traditional modes of regulating prisoners-of-war and the protection of civilians both in the United States and beyond. Firm emphasis shall be placed on historical examples for class exercises, but candidates will also be called upon to question the relevance of these analogies as well as test other possibilities for how best the prosecution of the “war on terror” can occur today and in the future.
Prerequisites: None, but International Law or Transnational Law is recommended.
Note: This course satisfies the perspective course requirement.
Basis of Grade: Examination
Form of Grade: Letter
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